In the period since the application was originally filed a number of references, some prior art, some not, have been called to Applicant's attention which appear to be at least as significant as Meshberg U.S. Pat. No. 3,211,346, issued Oct. 12, 1965, which was discussed in detail in this application as originally filed. These are Giuffredi U.S. Pat. No. 4,122,982, issued Oct. 31, 1978 based on an Italian application filed Mar. 16, 1976; Giuffredi French Certificate of Utility No. 77.33140 (Publication No. 2,391,374) based on an Italian application filed Oct. 27, 1977 and Meshberg U.S. Pat. No. 4,271,875, issued June 9, 1981. All four disclose pumps used in connection with sealed (non-venting) and pressurized containers. Both Meshberg patents show pumps which are actuated by position not by pressure, while the valve stem in each is in its undischarged position. A port connects the discharge chamber with the interior of the container. As the stem is depressed, this port is closed sealing the discharge chamber. Upon further depression of the stem, a second discharge port is uncovered permitting the discharge of the fluid contained in the discharge chamber. Upon release of the stem, the discharge chamber remains in contact with the discharge passage until the discharge port is again covered permitting the contents of the discharge passage and air to enter the discharge chamber. It is only when the stem is substantially in its undepressed position that contact with the container is reestablished.
In the two Giuffredi patents while the discharge is pressure actuated, the refilling of the discharge chamber is position actuated like in Meshberg.
Other references considered to be less relevant since they are all used with vented containers, include:
When the refill valve is moved on the valve stem:
______________________________________ Patentee U.S. Pat. No. Issued ______________________________________ Pechstein Re. 28,366 Sept. 3, 1986 (3,399,836) Anderson 4,051 983 Oct. 4, 1977 Bennett 4,088,425 May 9, 1978 Hafele et al 4,089,442 May 16, 1978 Majima 4,140,249 Feb. 20, 1979 Umstead 4,179,049 Dec. 18, 1979 O'Neill et al 4,189,064 Feb. 19, 1980 Monden 4,262,823 Apr. 21, 1981 Kirk, Jr. 4,278,189 July 14, 1981 ______________________________________
And where the refill valve is stationary:
______________________________________ Boris 3,746,260 July 17, 1973 Nozawa et al 3,908,870 Sept. 30, 1975 Kondo 3,921,861 Nov. 25, 1975 Kishi et al 4,017,031 April 12, 1977 Corsette 4,050,613 Sept. 27, 1977 Boris 4,028,222 April 4, 1978 Hayes 4,111,367 Sept. 5, 1978 Kishi 4,144,987 March 27, 1979 Kirk, Jr. 4,154,374 May 15, 1979 Pettersen 4,173,297 Nov. 6, 1979 Blake 4,183,449 Jan. 15, 1980 Giuffredi 4,215,804 Aug. 5, 1980 Ruscitti 4,228,931 Oct. 21, 1980 Tada et al 4,234,127 Nov. 18, 1980 Cater 4,274,560 June 23, 1981 ______________________________________